Plea In SC Seeks Guidelines For Regulating Protests Causing Obstruction To Public Spaces

The petition, filed by BJP leader Dr. Nand Kishore Garg, states that though the contentious protests that are taking place at Shaheen Bagh in New Delhi are within the parameters of constitutionality, it tends to lose the protections granted to it and assumes illegality as it brazenly flouts the fundamental rights of others.

The plea also implores the Supreme Court to restrain itself from being a silent spectator and to intervene, as not only has the State machinery failed to discharge its duties, but the Hon'ble High Court of Delhi has also refused to intervene in the matter.

"The spectacle of devastating politically motivated situation poses serious questions on the institutional efficacy of the Respondents for the purpose of protection of fundamental rights of the common citizen in conformity to the constitutional obligations and statutory obligations."

The protests taking place at Shaheen Bagh have been specifically referred to in the petition. Being termed as an "illegal demonstration", the protest is purportedly cresting a blockage in the vehicular and pedestrian movement between Noida and Delhi, and therefore, causing undue hardship to the common citizen.

"a) Whether, it is legally and constitutionally justified when the fundamental rights of thousands of citizen are being trampled over by group of protesters who are also professing their fundamental rights and under the garb of the constitutional rights, the common people are suffering on account of failure of state machinery ?

b) Whether, the State has a duty to protect the fundamental rights of thousands of the citizen who are continuously being harassed by the blockage of the arterial road connecting the two states resulting into deprivation and privation of various rights including the right to livelihood ?

(c) Whether, there should be guidelines relating to protest over publicly important place as important public place must not be subjected to battle field of the protest by vested and patrician politicians ?

(d) Whether, the acts of the such protest on the public road is not a violative of enjoyment of the fundamental rights of thousands of people as the right which springs from Article 19(1)(a) is not absolute and unchecked but subject to reasonable restrictions ?

(e) Whether, the judgments and orders of this Hon'ble Court would be the piece of paper without their mandatory enforcement in crisis situation like the present situation. As this Hon'ble Court has observed that there cannot be any liberty absolute in nature and uncontrolled in operation so as to confer a right wholly free from any restraint. Had there been no restraint, the rights and freedoms may become synonymous with anarchy and disorder as held in State of West Bengal Vs. Subodh Gopal Bose [AIR 1954 SC 92] ?

(f) Whether, the protest is illegal in as much as the subject matter of the protest is sub-judice in this Hon'ble Court and such protest would amount to institutional disrespect on behalf of the protesters ?"

One of the prayers in the Petition also seeks "the removal of the protesters from Shahen Bagh near Kalinda Kunj, who are illegally protesting against the Citizenship Amendment Act 2019 by blocking the common and public road connecting Delhi to Noida."

The matter will come up for hearing at the Supreme Court in the coming week